[APG Public List] Re: One More assumption bites the dust
eshown at comcast.net
eshown at comcast.net
Mon Nov 23 09:28:04 MST 2009
Phil, I haven't seen a marriage by procuration in Louisiana; in any case, not one that comes immediately to mind.
However, with regard to the 1804 code, what the law says and what actually happens isn't always the same, of course. The case I mentioned on the list the other night was one that occurred well after that. It was the 18-teens, if I recall correctly. (I can't look it up right now. Descendants are about to descend upon me for Thanksgiving. I have to finish up a paper today before I shut down the office for a week of cooking 'n cleaning 'n playing grandma. )
From: apgpubliclist-bounces at apgen.org [mailto:apgpubliclist-bounces at apgen.org] On Behalf Of Phil Adderley
Sent: Sunday, November 22, 2009 11:40 PM
To: apgpubliclist at apgen.org
Subject: [APG Public List] Re: One More assumption bites the dust
Ray, Claire, and Elizabeth,
A short follow-up and then a question. Part of Article 75 of the 1804 Code Napoleon, as implemented in Louisiana, required that each party declare before a registrar their intentions to take each other for husband and wife, that the registrar subsequently declare that they are united in marriage in the name of the law, and that the registrar draw up the act of marriage. This implies that both parties were living, at least to the point when their declarations were given.
However, I noticed that until Article 111 of the 1825 Civil Code of Louisiana took effect, there were no previous or equivalent articles or legislation in Louisiana barring marriage by "procuration" whereby one party could issue a power of attorney to his/her agent or proxy. Has anyone seen such a case where a groom or bride used a "substitute" in a marriage act either in Louisiana or elsewhere in the country? [The closest I have come to this scenario is a jailed groom for whom a proxy signed the marriage bond and marriage license on his behalf in 1926 Louisiana, but not the marriage return].
Philip Burnett Adderley, CG(sm)
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